Anonymous
17 April 2010 at 11:41
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
Anonymous
17 April 2010 at 11:39
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
AMITS
17 April 2010 at 11:37
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
Anonymous
16 April 2010 at 23:40
A charitable trust has given its own property on lease and collecting monthly rent from these properties.. My question is that can such charitable trust claim 60% enhancement over the rent ... or can these trust claim the rent according to their sweet will, e.g. they are charging differrent different rent from the same property holder?
R.Manoharan
16 April 2010 at 23:37
I have opened a current account with a opening balance of Rs.10000 with SBI bank in my town for the purpose of exports.But i got no export orders.I have not checked my account for nearly one year.Now on 16.4.10,I checked my account and the banker told me that only Rs.4400 is in the balance.I shocked and asked him the clarification.He told that Rs.550 would be deducted from my account every year for some charges and as a result, minimum balance(10000-550=9450)was not maintained.A penalty of Rs.1000 for every three months imposed and the balance reduced to Rs.4400 till date.
But no information was given to me about the penalty for all these time.Though i failed to check my account,the bankers haven't informed me about imposing penalty.I have provided my address,contact number and email id to them.If they informed me at the first penalty itself,i would have definitely corrected my minimum balance.Is there any banking rule that only the account holders should themselves becareful and the bankers have no responsibility to send intimations to the clients.
May i approach District consumer forum for this problem? Should i maintain or close my account before approacing the consumer forum?
It would be helpful,if an expert answers my query as soon as possible.
Sincerely
R.Manoharan.
Anonymous
16 April 2010 at 19:44
dear sirs,
is is necessary to have annual maintenance contracts on stamp papers? if so what should be the value of the stamp paper for the AMC of a lift for yearly payment of Rs.7200/-.
thanks.
Anonymous
16 April 2010 at 16:53
One BSNL employee expired in service leaving his wife and two sons and one married daughter.
He has so many Promissory Note debts. Some of the debtors went to various courts and attached the leave salary amount.
And some other debtors requested the courts to attach all the death benifits like gratuty, leave salary, pension arrears etc.
The legalhears has no other properties. They are only daily labours. Only part of leave salary released and remaining benifits not released from the govt.
My query is what death benifits are attachable which are not attachable?
Kindly clarify the above along with sections and caselaws.
sanjeev kumar
16 April 2010 at 16:30
A person sell a property given in her will by husband but no decree was obtained and conveyance deed was executed by society.
Seller claim he was ready to sell but buyer default. Can person execute sale deed if all their family members agree to go to court but without conveyance deed.
anshul sangal
16 April 2010 at 12:40
Please give me a sample format of Caveat needed to file in court of district Judge in civil suit ?
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stamp duty
What is the effect of purchasing a stamp paper in the name of employer and getting an indemnity bond in the name of Emolpoyye ? please reply like a lawyer , means with section and acts .
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